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SC Upholds No Separate Section 68 Addition in Best Judgment Assessment

Case Law Details

Case Name
PCIT-1 & Anr. Vs Sanjay Singh (Supreme Court of India)
Date of Judgement/Order
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PCIT-1 & Anr. Vs Sanjay Singh (Supreme Court of India)

Summary: The Supreme Court heard the Revenue’s challenge to the Allahabad High Court judgment arising from the ITAT Agra order for A.Y. 2018-19. The High Court had dismissed the Revenue’s appeal under Section 260-A of the Income Tax Act, 1961, holding that the CIT(A)’s finding, confirmed by the Tribunal, was based on due appraisal of evidence and correct application of law. The underlying finding was that, in a best judgement assessment, there existed no legal sanction for a separate addition under Section 68. Before the Supreme Court, the learned Additional Solicitor General was heard. The Court condoned the delay but stated that it was not inclined to interfere with the impugned High Court judgment and order in the facts and circumstances of the case. The Special Leave Petition was consequently dismissed, with the accompanying interlocutory application(s), if any, also disposed of. Read HC Judgment in this case: Separate Section 68 Addition Not Permissible in Best Judgment Assessment: Allahabad HC

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

Heard the learned Additional Solicitor General.

Delay condoned.

We are not inclined to interfere with the impugned judgment and order passed by the High Court in the facts and circumstances of the case.

The Special Leave Petition is dismissed and the accompanying interlocutory application(s), if any, stands disposed of.

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CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
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